†††† 1.††† a. Any person who is
licensed in the State of New Jersey to practice psychology, psychiatry,
medicine, nursing, clinical social work, or marriage counseling, whether
or not compensation is received or expected, is immune from any civil liability
for a patient's violent act against another person or against himself unless
the practitioner has incurred a duty to warn and protect the potential victim
as set forth in subsection b. of this section and fails to discharge that duty
as set forth in subsection c. of this section.†

†††† b.††† A duty to warn and
protect is incurred when the following conditions exist:†

†††† (1)†† The patient has
communicated to that practitioner a threat of imminent, serious physical
violence against a readily identifiable individual or against himself and the
circumstances are such that a reasonable professional in the practitioner's
area of expertise would believe the patient intended to carry out the threat;
or†

†††† (2)†† The circumstances are
such that a reasonable professional in the practitioner's area of expertise
would believe the patient intended to carry out an act of imminent, serious
physical violence against a readily identifiable individual or against himself.†

†††† c.†††† A licensed practitioner
of psychology, psychiatry, medicine, nursing, clinical social work or marriage
counseling shall discharge the duty to warn and protect as set forth in
subsection b. of this section by doing any one or more of the following:†

†††† (1)†† Arranging for the
patient to be admitted voluntarily to a psychiatric unit of a general hospital,
a short-term care facility, a special psychiatric hospital or a psychiatric
facility, under the provisions of P.L.1987, c.116 (C.30:4-27.1 et seq.);†

†††† (2)†† Initiating procedures
for involuntary commitment to treatment of the patient to an outpatient
treatment provider, a short-term care facility, a special psychiatric hospital
or a psychiatric facility, under the provisions of P.L.1987, c.116 (C.30:4-27.1
et seq.);†

†††† (3)†† Advising a local law
enforcement authority of the patient's threat and the identity of the intended
victim;†

†††† (4)†† Warning the intended
victim of the threat, or, in the case of an intended victim who is under the
age of 18, warning the parent or guardian of the intended victim; or†

†††† (5)†† If the patient is under
the age of 18 and threatens to commit suicide or bodily injury upon himself,
warning the parent or guardian of the patient.†

†††† d.††† A practitioner who is
licensed in the State of New Jersey to practice psychology, psychiatry,
medicine, nursing, clinical social work or marriage counseling who, in
complying with subsection c. of this section, discloses a privileged
communication, is immune from civil liability in regard to that disclosure.†

†††† e.†††† If a licensed
practitioner of psychology, psychiatry, medicine, nursing, clinical social work
or marriage counseling who is currently providing treatment services† determines,
in the exercise of reasonable professional judgment, that the patient is likely
to engage in conduct that would result in serious harm to self or others, the
licensee shall report, as soon as practicable to the Attorney General the
patientís name and other non-clinical identifying information which the
Attorney General shall only use to determine whether the patient has been
issued a firearms purchaser identification card, permit to purchase a handgun,
or any other permit or license authorizing possession of a firearm.† If the
patient has been issued a card or permit, the Attorney General shall arrange
for any firearm possessed by the patient to be seized pending a hearing.† The
Attorney General shall issue guidelines governing the seizure of firearms
pursuant to this subsection.†

(cf: P.L.2009, c.112, s.21)†

†††† 2.††† This act shall take
effect immediately.†

STATEMENT

†††† This bill would require the
Attorney General to seize a firearm that is in the possession of a person
determined by a mental health professional to be likely to engage in conduct
that poses a threat of serious harm to the patient or another person

†††† Specifically, the bill
requires licensed medical professionals in this State, including psychologists,
psychiatrists, medical doctors, nurses, clinical social workers, and marriage
counselors, to report to the Attorney General when, in their reasonable
professional judgment, a patient they are treating is likely to engage in
conduct that would result in serious harm to that patient or others.† The Attorney
General would receive the patientís name and other non-clinical identifying
information to be used solely for the purpose of determining whether the
patient has been issued a firearms purchaser identification card, permit to
purchase a handgun, or any other permit or license authorizing possession of a
firearm.† If the patient has been issued a card or permit, the Attorney General
is required to arrange for any firearm possessed by the patient to be seized
pending a hearing.†